COMPANY LAW

Single discipline educational activity

Course Sheet

Course code:

DIM17

Academic Year of enrolment:

2021

Year of supply:

2022/2023

Type of Course:

Elective Course

Degree:

Course of 1st Cycle Degree in ECONOMICS, FIRMS AND FINANCIAL MARKETS

Disciplinary Sector:

Commercial Law

Location:

Credits:

Programme Year:

Professor and Collaborators:

MARTELLA Rita

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Knowledge of the basic arguments of private law; in particular the concepts of contract and liability of the debtor.

Objectives

OBJECTIVE FORMATIVE
Teaching is inserted in the objective general of the course of study to furnish knowledge respect to the structure and the operation of the enterprises inside the market, having reference to the formalities of carrying out of the activity, to the juridical norms that control such activities and to the solutions offered for the overcoming of the crisis.
In this perspective, the juridical forms will be examined through which activity can be developed, with particular attention to the general concept of entrepreneur and the carrying out of the activity in the form of
society of people, for then to analyze the tools that the arrangement offers for facing the pathological phase.
RESULTS OF LEARNING ATTENDED
KNOWLEDGE IS UNDERSTANDING
The student must know the anticipated juridical institutes from the arrangement and you/he/she must be able to understand the economic phenomena that are at the base of the choices of the legislator.
Particularly you/he/she must know:
The concepts of entrepreneur and firm, The general profiles of the right societario and the forms of carrying out of the activity of enterprise in collective form, particularly people's societies, the tools of solution
introduced by the code of the crisis and those traditional.
IT PERSUADES' TO APPLY KNOWLEDGE IS UNDERSTANDINGAt The end of the lessons, the student must show to have acquired a critical ability and to be able of to compare the knowledges acquired to the complex and general normative system.
Particularly you/he/she must be able of:
to use the acquired knowledges and to know how to apply her to the concrete fattispecies, that will be introduced during the lessons, through the examination of cases law.
AUTONOMY OF JUDGMENT:
Lessons participated graces, in which you/they will be of time in time underlined the problematic profiles that the normative one introduces, also through the exemplification of concrete cases, the student must be
able of:
to express analytical considerations and of synthesis on the fundamental aspects of the discipline and to effect connections among the various institutes;
to individualize the concrete fattispecies that reality introduces, to point out the preferable solution and to orient among more proposed solutions
IT TRAINS' COMMUNICATIVENESS
At the end of the lessons the student must know and to understand the juridical language of reference and to know how to use him/it in
appropriate way
IT PERSUADES' TO LEARN
The student must acquire the ability to effect individual searches and of group on you wait specific of the discipline.

Contents

In the first and second part, the course will deal with the discipline of the enterprise in its various articulations; it will focus essentially on the concept of entrepreneur, the different figures of development of the business and the form, individual or collective, which it can assume. the second part will be dedicated to the profiles of the crisis of the enterprise
and the solutions offered from the juridical order, in the light of the modifications made from the new code of the crisis and of the insolvency

Extended Syllabus

Part One. THE ENTREPRENEURS.
The general concept of entrepreneur . Enterprise and intellectual professions
The categories of entrepreneurs
Purchase and loss of entrepreneurship
The statute of the commercial entrepreneur . The company
Part Two. THE COMPANIES
The concept of company and the contract of company The simple company.
Society in collective name.
The limited partnership simple
The general characteristics of corporations.
Part Three. THE UNDERTAKING CRISIS
The new rules on crisis and insolvency
Instruments introduced for the early emergence of the crisis
Crisis and insolvency regulation tools
certified recovery plans
Restructuring agreements and moratorium agreements agreed estimate
Judicial liquidation

Recommended Bibliography

Choice of one of the following texts:
CAMPOBASSO G., Manual of commercial law, ult. Ed., Utet
Part One. The Entrepreneur Card. I, II, III, IV, V
Part Two. COMPANIES CAP. X
The materials related to the part dedicated to the crisis of the enterprises will be
indicated during the lessons, as the manual is not yet suitable for the crisis code.
OR
CIAN M.. (edited by) Manuale di diritto commerciale, terza. ed., Giappichelli
THE ENTREPRENEUR, Sections I, II, III, IV
COMPANIES, Sections IX, X and Chap. I of Sect. XI
THE CRISIS OF ENTERPRISE, The materials related to the part dedicated to the crisis of the enterprises will be not yet fully adapted to the crisis code

Teaching Methods

The course is structured in 48 hours of frontal teaching. The lessons aim to stimulate the participation of students in the discussion in the classroom, through the continuous practical exemplification of the topics covered. In order to stimulate the achievement of this objective, working groups will be formed on addressed by the case law.
During the course students may be offered some learning tests to be held in the classroom, with questions, in writing or discursive, aimed at verifying the understanding of the topics covered but
which have no validity as exemption tests.
The frequency is optional but ecommended, and the final test will be the same for attending and not.

Evaluation methods

Verification of learning:

The learning will be verified through an oral test, composed of 2/3 questions, to ascertain the ability to interpret and analyse the problems studied; in particular, the student must demonstrate that he has acquired, as well as the knowledge of institutions, the ability to understand phenomena as a whole, the autonomy of judgment and
communication skills. To this end, particular attention will be paid to the appropriateness of the language used, the ability to establish links between different topics and the ability to interact critically on the topics proposed by the teacher. The degree of depth of the subjects studied will determine the final vote.
The subjects examined will reflect those dealt with during teaching and present in the programme.
For the preparation of the examination it is essential to study with the support of the reference normative text Examination procedures are the same for frequent and non-resident students.
Rating: Vote in 30th

Contacts/More Information

Student reception:
days and hours of reception can be fixed upon request sent by mail by the students to the following address: rita.martella@unich.it
If Health Laws and University regulations allow, teaching activities, teachers office hours’, and exams may take place online (in whole or in part). For any further information and updates, please refer to the University website.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

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